Supreme Court - Daily Orders
Cobra Instalaciones Y S vs Maharashtra State, Ele on 9 August, 2017
Bench: Rohinton Fali Nariman, Sanjay Kishan Kaul
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO. 38 OF 2016
COBRA INSTALACIONES Y SERVICIOS, S.A. Petitioner(s)
VERSUS
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION
COMPANY LTD. Respondent(s)
WITH
ARBITRATION PETITION NO. 42/2016
ARBITRATION PETITION NO. 40/2016
ARBITRATION PETITION NO. 41/2016
ARBITRATION PETITION NO. 43/2016
O R D E R
1) We have heard the learned Senior Counsel appearing for the parties.
2) This is an application under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator. In the contract between the parties, the arbitration clause, being Clause 17, is set out as follows:-
“17. Arbitration:
(a) All disputes or difference between the parties under or in connection with this Agreement or any Signature Not Verified breach thereof shall be sought to be referred to the Digitally signed by R.NATARAJAN Date: 2017.08.23 14:58:48 IST Chief Engineer (Infrastructure Plan). Reason:
(b) If such differences or disputes as between the parties cannot be settled through Chief Engineer (Infrastructure Plan) within 180 days of such 2 disputes, they shall be settled by arbitration. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any statutory modification thereof from time to time.
(c) The language of the arbitration shall be English and the place of arbitration shall be Mumbai.
(d) Notwithstanding the existence of any dispute referred to arbitration, the parties shall continue to perform their obligations under this Agreement.”
3) Learned Senior Counsel appearing on behalf of the respondent states that an arbitration can take place only if disputes and differences between the parties cannot be settled through the Chief Engineer and it is only after 180 days of such disputes not being settled, that arbitration can be invoked.
4) We find that by a letter dated 08.06.2016, the petitioner wrote to the Chief Engineer under the Clause asking that this was by way of a final attempt to achieve amicable settlement of the disputes set out in the letter. It appears that in response to the said letter, the Chief Engineer, by a letter dated 17.06.2016 called a meeting, which was held on 22.06.2016, after which nothing had taken place. Inasmuch as nothing has happened thereafter, and more than 180 days have gone since June, 2016, according to us, an Arbitrator needs to be appointed to resolve the disputes between the parties. We appoint Hon'ble Mr. Justice F.I. Rebello, retired Chief Justice of the Allahabad High Court as Sole Arbitrator to resolve the disputes between the parties.3
5) Accordingly, the Arbitration Petitions are disposed of.
.......................... J. (ROHINTON FALI NARIMAN) .......................... J. (SANJAY KISHAN KAUL) New Delhi;
August 09, 2017.
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(Revised)
ITEM NO.3 COURT NO.13 SECTION XVI -A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Arbitration (Civil) No(s). 38/2016
COBRA INSTALACIONES Y SERVICIOS, S.A. Petitioner(s)
VERSUS
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. Respondent(s) WITH ARBIT.CASE(C) No. 42/2016 (XVI -A) ARBIT.CASE(C) No. 40/2016 (XVI -A) ARBIT.CASE(C) No. 41/2016 (XVI -A) ARBIT.CASE(C) No. 43/2016 (XVI -A) Date : 09-08-2017 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Amit Sibal, Sr. Adv.
Mr. Kapil Arora, Adv.
Mr. Madhav Khosla, Adv.
Mr. Vinay Tripathi, Adv. Mr. Aditya Gupta, Adv.
Mr. Sumit Attri, Adv.
M/s. Cyril Amarchand Mangaldas, AOR For Respondent(s) Mr. Nagendar Rai, Sr. Adv.
Mr. Ravi Prakash, Adv.
Mr. Varun Agarwal, Adv.
Mr. Chandra Prakash, AOR UPON hearing the counsel the Court made the following O R D E R The Arbitration Petitions are disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(R. NATARAJAN) (SAROJ KUMARI GAUR) COURT MASTER COURT MASTER
(Signed order is placed on the file) 5 ITEM NO.3 COURT NO.13 SECTION XVI -A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Arbitration (Civil) No(s). 38/2016 COBRA INSTALACIONES Y SERVICIOS, S.A. Petitioner(s) VERSUS MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. Respondent(s) WITH ARBIT.CASE(C) No. 42/2016 (XVI -A) ARBIT.CASE(C) No. 40/2016 (XVI -A) ARBIT.CASE(C) No. 41/2016 (XVI -A) ARBIT.CASE(C) No. 43/2016 (XVI -A) Date : 09-08-2017 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Amit Sibal, Sr. Adv.
Mr. Kapil Arora, Adv.
Mr. Madhav Khosla, Adv.
Mr. Vinay Tripathi, Adv.
Mr. Aditya Gupta, Adv.
Mr. Sumit Attri, Adv.
M/s. Cyril Amarchand Mangaldas, AOR For Respondent(s) Mr. Nagendar Rai, Sr. Adv.
Mr. Ravi Prakash, Adv.
Mr. Varun Agarwal, Adv.
Mr. Chandra Prakash, AOR UPON hearing the counsel the Court made the following O R D E R The Arbitration Petitions are disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(R. NATARAJAN) (SAROJ KUMARI GAUR) COURT MASTER COURT MASTER
(Signed order is placed on the file)